Virginia: Patient Falls – a Lawyer’s VSC

On July 6, 2016, Mr. Waterman argued before the Virginia Supreme Court in favor of Plaintiff/Appellants in his consolidated declaratory judgment action appeals, Patrick Lee Cherrie, Administrator of the Estate of Greda A. Harvey, Deceased, and Hubbard A. Davis, Executor of the Estate of James Clifton Davis, Deceased, v. Virginia Health Services, Inc., No. 151.758. At issue is whether former residents (or only current residents) are entitled to review nursing facility policies upon request without propounding discovery, serving process or even filing medical malpractice suit for wrongful death – and whether, as a threshold jurisdiction/standing issue, any resident can raise the matter on declaratory judgment.